Sudath Kumar Jain
was a 40-year-old man residing at Moodabidri Town in Mangalore district, Karnataka
State. He was a part-time film theatre contractor and was working as a projectionist
in D. H. O. P. Udupi.

On the 29th of
May 2000, a group of policemen, including a Sub-inspector (Lakshmi Narayan)
and 3 people in civil dress who are supposed to be constables, went to the deceased
Mr. Sudath Kumar's house at about 12.15 A. M. After his day-long work, Sudath
Kumar had finished his supper and was sound asleep. The policemen banged on
the door and woke him up. Then they asked for the records of the theatre. Mr.
Sudath Kumar said " I don't have it," but they repeatedly asked for it. He was
allegedly arrested for exhibiting blue films in the theatre which he had taken
on lessee. The owner's son, who came later to the scene said that he was having
the documents; they asked Mr. Sudath Kumar to put on his clothes and accompany
them. -- This statement was given by Mrs. Sudath Kumar.

Later at 2.30 A.
M. two Police constables came to Mrs. Sudath Kumar and asked her for the Medical
Prescriptions of Mr. Sudath Kumar. She asked "what medical prescriptions?" Then
they said that he had been admitted to the hospital because he was not feeling
well. They had come in two autorickshaws. So she asked whether she could go
with them. But they said that it was not necessary. But she went along with
them to "Alvas Hospital"- which is about 1½ Km from her house-where Mr. Sudath
Kumar had been admitted. When she reached the Hospital, she was not allowed
to see Mr. Sudath Kumar.

One of her relatives
went inside the hospital and saw Mr. Sudath Kumar who was in a pool of blood.
He was bleeding from his mouth. Till 4.30 A. M., he was kept in the same Hospital
ICU. At about 4.30 am he was taken to the Kakkodi Fr. Muller's hospital. The
Police Jeep followed them to the hospital.

They reached Fr.
Muller's hospital around 5.30 A. M. The same day at 8.30 A. M. he expired. Later
he was transferred to the Wenlock hospital; the next day the body was taken
for postmortem.

Statements:
Ajitha Kumari (39) w/o Late Sudath Kumar:
a. " He was a healthy man who was not under any treatment for any ailment".
b. " When he was taken by the police, my husband was perfectly alright."
c. After about 3 hrs, when I saw him, he was in a pool of blood.
d. "I strongly believe that the policemen have beaten up my husband and that
led to his death." e. "He was the only source of income for my family and I
have two children who are studying."
f. "I want the truth to come out and justice to be delivered."
g. "The person/persons who have committed the murder should be punished".

"When I attended
on the patient, I found that the coffee brown blood was coming out of his mouth.
He was unconscious, and one side was paralysed., I think that he had some disease
previously. I didn't find any external injuries. Seeing his bad condition, I
suggested that they take him to Muller's hospital at Mangalore".

Sub-inspector of
Police, Moodabidri Police Station: "I joined duty a few days back. We don't
have any F. I. R against this particular case, I think that because he was taken
by the police he was afraid and because of shock he starting vomiting blood.
And later he collapsed in the station itself and we admitted him in Alva's hospital".

We spoke to some
of the local people, a majority of whom said that he died because of police
torture.

The following
are the question raised:1. According
to Mrs. Ajitha's statement, he was a healthy man; he did not have a medical
history of any illness.
2. According to the Doctor and policemen, he was an alcoholic, suffered from
kidney failure, and was an epileptic patient.
3. The distance between the house and Moodabidri Police station is less than
1 k.m. according to her. He was in police custody between 12.30 A.M. and 1.45
AM. Within this short period of time how did he become unconscious, paralysed
and end up in a pool of blood?
4. In the region of South Canara, this is the first time a Superintendent of
Police has filed a criminal case of murder against a sub inspector.
5. The death of a person about 8/10 years back in the same station is still
in the memory of people of the district.

This fact-finding
was done by SICHREM & PUCL (K). This incident we would like to place before
you. - Bangalore, 30th June 2000